Chapter 112 — BINGO GAMES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLOWABLE ELECTRONIC BINGO AID. An electronic device which satisfies the following criteria:

(1) An electronic bingo aid must function primarily as an electronic aid or labor saving device that requires some interaction between the player and the device, but where the numbers are drawn independently and apart from the device, and the device can only be utilized in a common bingo game along with other players competing for a common, preannounced prize;

(2) In addition to being tested and approved, an electronic bingo aid must provide for accountability, integrity, security and fairness of the game. As such all electronic cards in play during any bingo game must be fully accounted for at any time during and after the game by an independent accounting means and must be fully verifiable at any time by an independent verification means;

(3) Electronic cards available to players shall be part of a predetermined deck, group or series of cards, no two of which shall be alike, and electronic cards shall not be arranged or distributed so as to give any player preference to any particular card. All cards must have an equal chance of winning;

(4) In order to insure the integrity and fairness, the electronic aid shall preclude any unauthorized transfer or substitution of electronic cards during (after the start of) any bingo game;

(5) As the primary function of the system must be to assist the bingo player as he/she plays bingo, the system must not generate the bingo numbers utilized in the game. Upon the player calling “bingo”, the player's winning card must be simultaneously displayed to all players playing bingo to allow all players the opportunity to verify the winning card;

(6) The particular arrangement of numbers required to win a particular game shall be clearly displayed on or through the electronic aid before the start of the game without the necessity of any player action or inaction; and

(7) The called bingo numbers must be presented on the electronic aid as they are announced by the bingo caller without the necessity for any player action or inaction.

BINGO. A game of chance in which each player receives a bingo card, either paper, hard card, or electronic representation thereof. Each bingo card, whether paper card, hard card or electronic representation thereof, is defined as a series of five vertical rows of five predetermined numbers ranging from 1 through 75. Numbers are drawn or otherwise obtained by chance, from a set of consecutively numbered balls of essentially equal size, weight, and shape, and publicly displayed or otherwise publicly made known. The player first having a specified patterned of announced numbers appearing on his/her card, upon verification by an authorized person and/or through electronic or computer verification means or otherwise, shall be declared the winner. No electronic generation of numbers is permitted in any bingo game allowed under this chapter.

and shape, and publicly displayed or otherwise publicly made known. The player first having a specified patterned of announced numbers appearing on his/her card, upon verification by an authorized person and/or through electronic or computer verification means or otherwise, shall be declared the winner. No electronic generation of numbers is permitted in any bingo game allowed under this chapter.

BINGO EQUIPMENT. The receptacle from which the numbered objects (bingo balls) are drawn, the display board upon which the numbered objects are displayed, the master board or bingo rack upon which the numbered objects are placed upon being drawn, bingo cards (electronic representations or otherwise), and any and all computer and/or electronic systems which are utilized as electronic aids in playing and verifying bingo, and any and all other articles essential to the operation, conduct, and playing of bingo.

(`67 Code, § 6-9-1) (Ord. 93-03, passed 9-13-93)

All of the provisions of Cal. Penal Code § 326.5 as it now exists and as amended hereafter are incorporated in this chapter by reference as if set forth in full and shall apply to every bingo game except as to more restrictive provisions which are set forth in this chapter.

(`67 Code, § 6-9-25) (Ord. 93-03, passed 9-13-93)

The city, pursuant to Cal. Penal Code § 326.5, does hereby authorize and provide for the conduct of bingo games by nonprofit organizations for charitable purposes in accordance with the provisions of this chapter. (`67 Code, § 6-9-2) (Ord. 93-03, passed 9-13-93)

Except as otherwise provided in this chapter or by Cal. Penal Code § 326.5, every violation of this chapter shall be an infraction.

(`67 Code, § 6-9-26) (Ord. 93-03, passed 9-13-93)

PERMITS

No person, firm, corporation, organization or association shall engage in, carry on, maintain, conduct, or cause to be engaged in, carried on, maintained or conducted a bingo game in the city without first having secured a permit from the Sheriff's Commanding Officer of the city in accordance with the requirements of this chapter, and without complying with the rules and regulations contained or authorized in this chapter pertaining to the operation of bingo games.

(`67 Code, § 6-9-3) (Ord. 93-03, passed 9-13-93)

Such permits may be issued only to nonprofit organizations exempted from the payment of the bank and corporation tax by Cal. Rev. & Tax. Code §§ 23701 a , 23701 b , 23701 d , 23701 e , 23071 f , 23701 g , and 23701 l and by mobile home park associations and senior citizens organizations.

(`67 Code, § 6-9-4) (Ord. 93-03, passed 9-13-93)

(A) Applications for a permit to conduct bingo games pursuant to this chapter shall be submitted to the Sheriff's Commanding Officer on forms to be provided by the city. The applicant shall pay an application fee of $50 upon the filing of such an application. If the application is granted, a permit shall be issued for a term of one year from the date of issuance, and such permit shall be subject to an annual renewal, and the payment of a $50 annual renewal fee. (B) If an application for a permit to conduct bingo games is denied by the city, one-half of the application fee shall be refunded to the organization making the application.

(`67 Code, § 6-9-5) (Ord. 93-03, passed 9-13-93)

(C) In lieu of the license fee permitted under division (A), the city may impose a license fee of $ 50 paid upon application. If an application for a license is denied, one-half of the application fee shall be refunded to the organization. An additional fee for law enforcement and public safety costs incurred by the city, county, or city and county that are directly related to bingo activities may be imposed and shall be collected monthly by the city, county, or city and county issuing the license; however, the fee shall not exceed the actual costs incurred in providing the service.

(Cal. Penal Code § 326.5 (l) (2)

The application for a permit shall contain the following:

• (A) The name and mailing address of the applicant organization.

(B) Proof that the applicant is an eligible organization under § 112.16, including a letter or other evidence from the State Franchise Tax Board showing that the applicant is exempted from the payment of the bank and corporation tax by a pertinent section of the Revenue and Taxation Code. If the applicant is a mobile home park association or senior citizen organization, other proof shall be provided as required by the Sheriff's Commanding Officer.

• (C) A list of the duly elected officers of the organization certified by the secretary thereof.

• (D) The signatures of at least two officers, including the presiding officer of the organization.

(E) The location, including the street number, of the specific property within the city owned or leased by the applicant on which property bingo games will be conducted, together with the occupancy capacity of the room in which bingo will be played and the number of off-street parking places.

(F) A statement certified by the secretary of the organization that the applicant has received and has reviewed copies of this chapter, the authorized rules of play for bingo games, and Cal. Penal Code § 326.5, and has been advised that the license to conduct bingo games may be revoked by the Sheriff's Commanding Officer upon violation of any of such provisions.

(G) The location where all records, account books and ledgers pertaining to the operation of bingo games by the organization will be kept, the location of the bank account in which the bingo receipts will be placed, and an authorization for the city to inspect and audit the records, books and accounts.

(H) Such other information as the Sheriff's Commanding Officer may require.

(`67 Code, § 6-9-6) (Ord. 93-03, passed 9-13-93)

(A) Upon receipt of the completed application, the Sheriff's Commanding Officer shall make an investigation to determine if all of the statements in the application are true and shall refer the application to the Community Development Director of the city or the Chief Building Inspector, the County Health Department and the Fire District Fire Chief to determine if the appropriate zoning regulations, building codes, health regulations and the provisions of the Uniform Fire Code have been or will be complied with.

(B) The Sheriff's Commanding Officer may refuse to issue a permit if any officer of the organization or any operator mentioned in § 112.38:

• (1) Has a felony conviction.

(2) Has a conviction for theft, fraud, gambling, crimes involving moral turpitude or bingo ordinance violations in this or any other city or county.

(3) Is under investigation for a criminal offense set forth in divisions (A) and (B) of this section by any law enforcement agency.

(`67 Code, § 6-9-7) (Ord. 93-03, passed 9-13-93)

Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games, the Sheriff's Commanding Officer shall issue a permit for one year to the applicant, which shall contain the following information:

• (A) The name of the organization to which the license is issued.

• (B) The address and/or description of the location where bingo games are authorized to be conducted.

• (C) The date of the expiration of such license.

• (D) The number of players permitted.

• (E) Such other information as may be required by the Sheriff's Commanding Officer for the enforcement of the provisions of this chapter.

• (`67 Code, § 6-9-8) (Ord. 93-03, passed 9-13-93)

A permit to conduct bingo games shall be issued only for property owned or leased by the permittee, or property who's use has been donated to the organization be used or leased exclusively by or donated exclusively to such organization. No permit shall be issued unless there is a least one off-street parking space for each four persons set forth in the occupancy capacity of the premises pursuant to § 112.39(B). A new permit must be obtained for a change of address by an eligible organization, upon application of this chapter.

(`67 Code, § 6-9-9) (Ord. 93-03, passed 9-13-93)

An organization granted a permit pursuant to this chapter shall not conduct or permit to be conducted a bingo game unless the permit is posted in a conspicuous place during the conduct of such game. The permittee shall produce and exhibit the same, when applying for renewal hereof, and whenever requested to do so by any peace officer or officer authorized by § 112.39 to issue or inspect the premises. Every person engaged in the conduct or operation of a bingo game shall wear an identification tag of a type and form required by the Sheriff's Commanding Officer. (`67 Code, § 6-9-10) (Ord. 93-03, passed 9-13-93)

(A) Whenever it appears to the Sheriff's Commanding Officer or his authorized representative that a permittee is conducting a bingo game in violation of any of the provisions of this chapter, he shall have the authority to summarily suspend the permit and any further operation of any bingo game.

(B) The suspension order issued under division (A) of this section shall also constitute notice of proposed revocation. The permittee shall be notified that it shall have ten days from the date of such order to request in writing a hearing before the Sheriff's Commanding Officer to determine whether the permit should be revoked. If the permittee fails to request in writing such hearing before the Sheriff's Commanding Officer within the period, the Sheriff's Commanding Officer may revoke the permit.

(C) In situations other than a summary suspension, if it appears to the Sheriff's Commanding Officer that any permittee is conducting bingo games in violation of any of the provisions of this chapter, or that a permit was obtained by misrepresentation, the permit may be revoked. Written notice of such proposed revocation shall be given by depositing in the United States mail a notice directed to the permittee at the address given in the application. The notice shall set forth the reasons for the proposed revocation, and shall notify the permittee that it has ten days in which to file a written request for a hearing before the Sheriff's Commanding Officer.

(D) In case of a summary suspension or notice of revocation, the Sheriff's Commanding Officer shall provide a hearing within 15 days after receipt of a written request from the permittee at which hearing the permittee may present oral or written evidence why the permit should not be revoked. Notice of the time and place of such hearing shall be given to the permittee by depositing it in the United States mail at least ten days before the hearing to the address given in the application.

(E) If the permit is revoked, written notice shall be given the permittee within 25 days of the close of the hearing. Notice of revocation shall be given by United States mail. The permittee will be presumed to have received the notice within five days after mailing. It shall be unlawful for any organization whose permit is revoked under this section to conduct any bingo game in the city unless the City Council, on appeal, reinstates the permit.

(F) Any person who conducts a bingo game after summary suspension of a permit or after revocation of a permit is guilty of a misdemeanor.

(G) Any organization whose permit is revoked may not apply for a permit to conduct bingo games in the city for a period of one year from the date of such revocation, provided, however, that if the ground for revocation is cancellation of the exemption granted under the Revenue and Taxation Code, such organization may again reapply for a license upon proof of reinstatement of the exemption.

(`67 Code, § 6-9-11)

(H) Any holder of a permit whose license is revoked under this chapter shall have the right, after receiving notice in writing of the revocation, to file a written appeal to the City Council. (`67 Code, § 6-9-12)

(Ord. 93-03, passed 9-13-93)

OPERATING REGULATIONS

The Sheriff's Commanding Officer shall adopt and print rules of play for the conduct and operation of bingo games and for the equipment and allowable electronic bingo aids which shall be used and shall deliver a copy to each applicant. Copies shall be made available by the Riverbank Police Services Division to any person who so requests. The permittee shall post in a conspicuous place during the conduct of any bingo game the authorized rules of play for the game.

(`67 Code, § 6-9-24) (Ord. 93-03, passed 9-13-93)

No bingo game shall be operated in violation of any law or in a manner which shall constitute a public nuisance. (`67 Code, § 6-9-19) (Ord. 93-03, passed 9-13-93)

No permittee shall conduct bingo games more than six hours out of any one day. No bingo game shall be conducted before 9:00 a.m. or after 12:00 a.m.

(`67 Code, § 6-9-13) (Ord. 93-03, passed 9-13-93)

A bingo game shall be operated and staffed only by members of the permittee. Such members shall not receive a profit, wage or salary from any bingo game. Only the permittee shall operate a bingo game, or participate in the

promotion, supervision or any other phase of a bingo game. No person under the age of 18 years may operate or participate in the operation of any bingo game. Pursuant to Cal. Penal Code § 326.5(h), this section does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the bingo game.

(`67 Code, § 6-9-14) (Ord. 93-03, passed 9-13-93)

(A) All bingo games shall be open to the public. All bingo games, equipment, facilities and property shall be open to inspection by members of the Riverbank Police Services Division, Fire Department, Health Department and Senior Building Inspector.

(`67 Code, § 6-9-15)

(B) Notwithstanding that bingo games shall be open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and the Senior Building Inspector for the city in accordance with applicable codes, laws and regulations. (`67 Code, § 6-9-16)

(C) No person shall be allowed to participate in any bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. No permittee shall issue chips or money to a patron on credit or loan (including, but not limited to, IOUs and checks to be held) or allow any patron to otherwise play on credit. (`67 Code, § 6-9-17)

(D) No person who is in a state of intoxication shall be allowed to participate in a bingo game, and no person under the age of 18 years shall be allowed to participate in any bingo games.

(`67 Code, § 6-9-18) (Ord. 93-03, passed 9-13-93)

The total value of a prize or prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(`67 Code, § 6-9-20) (Ord. 93-03, passed 9-13-93)

(A) With respect to organizations exempt from payment of the bank and corporation tax by Cal. Rev. & Tax. Code § 23701 d , all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall not be commingled with any other fund or account.

(B) Such proceeds shall be used only for charitable purposes, except as follows:

• (1) Such proceeds may be used for prizes.

(Cal. Penal Code § 326.5(k)(1)) (`67 Code, § 6-9-21) (Ord. 93-03, passed 9-13-93)

(2) A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $2,000 per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel.

(Cal. Penal Code § 326.5(k)(2))

(3) The proceeds may be used to pay license fees.

(Cal. Penal Code § 326.5(k)(3))

The permittee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, or any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such records at reasonable times, and the permittee shall fully cooperate with the city by making such records available. Failure to so cooperate shall be a violation of this chapter and grounds for revocation of the permit. (`67 Code, § 6-9-22) (Ord. 93-03, passed 9-13-93)

No individual, cooperation, partnership or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. (`67 Code, § 6-9-23) (Ord. 93-03, passed 9-13-93)